Overseas surrogacy ban comes into force

The NSW Attorney-General says the ban on paid overseas surrogacy will protect women from exploitation.

Cosmin Serban, file photo: www.sxc.hu

New laws come into effect today in New South Wales which make it illegal to pay a woman overseas to act as a surrogate mother.

State Attorney-General John Hatzistergos says the legislation complements laws that already ban commercial surrogacy arrangements within New South Wales.

Mr Hatzistergos says similar laws are already in place in Queensland and the ACT.

"When you have a situation where the values of a community are reflected in a law which says that commercial surrogacy is illegal domestically, there isn't much logic in saying, well, you can't have it here but you can somehow go overseas," Mr Hatzistergos said.

"Those values being that women shouldn't be the subject of exploitation and moreover that a child has a right to know the genetic origins and have a relationship with a birth mother."

But at least one woman who has used an overseas surrogate has condemned the move.

Lisa Banfield paid a Californian woman to "rent her womb" after a gynaecological blunder when she was 30 left her unable to carry children.

"What business is it of the New South Wales Government to outlaw a mutually agreed arrangement that is made by consenting adults overseas," Ms Banfield said.